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SB339 SUB1 Senate Bill 339 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2020 regular session

Committee Substitute

for

Senate Bill 339

Senator Maynard, original sponsor

[Originating in the Committee on the Judiciary; reported on January 27, 2020]

 

 

A BILL to amend and reenact §64-5-1 et seq. of the Code of West Virginia, 1931, as amended, relating generally to authorizing certain agencies of the Department of Health and Human Resources to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fees for permits; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to primary care support program; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to primary care seed money grants; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—general provisions; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—grower/processors; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—laboratories; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—program dispensaries; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—safe harbor letter; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the collection and exchange of data related to overdoses; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to qualifications for a provisional license to practice as a social worker within the Department of Health and Human Resources; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to pilot program for drug screening of applicants for cash assistance; and authorizing the Health Care Authority to promulgate a legislative rule relating to critical access hospitals.

Be it enacted by the Legislature of West Virginia:


ARTICLE 5. Authorization for Department of health and human resources to promulgate legislative rules.

§64-5-1. Department of Health and Human Resources.

(a) The legislative rule filed in the State Register on July 16, 2019, authorized under the authority of §16-1-4 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 4, 2019, relating to the Department of Health and Human Resources (public water systems, 64 CSR 03), is authorized.

(b) The legislative rule filed in the State Register on July 16, 2019, authorized under the authority of §16-1-11(d) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 19, 2019, relating to the Department of Health and Human Resources (fees for permits, 64 CSR 30), is authorized.

(c) The legislative rule filed in the State Register on July 16, 2019, authorized under the authority of §16-5-3 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 4, 2019, relating to the Department of Health and Human Resources (vital statistics, 64 CSR 32), is authorized.

(d) The legislative rule filed in the State Register on July 16, 2019, authorized under the authority of §16-4C-23 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 4, 2019, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48), is authorized.

(e) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §16-2H-2(d) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 19, 2019, relating to the Department of Health and Human Resources (primary care center support program, 64 CSR 70), is authorized.

(f) The legislative rule filed in the State Register on July 26, 2019, authorized under the authority of §16-2H-2(d) of this code, relating to the Department of Health and Human Resources (primary care seed money grants, 64 CSR 71), is authorized.

(g) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §16A-3-1(b) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2019, relating to the Department of Health and Human Resources (medical cannabis program—general provisions, 64 CSR 109), is authorized.

(h) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §16A-3-1(b) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2019, relating to the Department of Health and Human Resources (medical cannabis program—grower/processors, 64 CSR 110), is authorized.

(i) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §16A-3-1(b) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2019, relating to the Department of Health and Human Resources (medical cannabis program-—laboratories, 64 CSR 111), is authorized.

(j) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §16A-3-1(b) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2019, relating to the Department of Health and Human Resources (medical cannabis program—dispensaries, 64 CSR 112), is authorized.

(k) The legislative rule filed in the State Register on July 24, 2019, authorized under the authority of §16A-3-1(b) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 19, 2019, relating to the Department of Health and Human Resources (medical cannabis program—safe harbor letter, 64 CSR 113), is authorized.

(l) The legislative rule filed in the State Register on July 22, 2019, authorized under the authority of §16-5T-5 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 21, 2019, relating to the Department of Health and Human Resources (collection and exchange of data related to overdoses, 69 CSR 14), is authorized.

(m) The legislative rule filed in the State Register on July 26, 2019, authorized under the authority of §49-2-121 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 7, 2020, relating to the Department of Health and Human Resources (minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia, 78 CSR 03), is authorized.

(n) The legislative rule filed in the State Register on July 24, 2019, authorized under the authority of §30-30-16(c)(2) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 25, 2019, relating to the Department of Health and Human Resources (qualifications for a provisional license to practice as a social worker within the Department of Health and Human Resources, 78 CSR 24), is authorized.

(o) The legislative rule filed in the State Register on September 4, 2019, authorized under the authority of §9-3-6 of this code, relating to the Department of Health and Human Resources (pilot program for drug screening of applicants for cash assistance, 78 CSR 26), is authorized.

§64-5-2. Health Care Authority.


The legislative rule filed in the State Register on July 16, 2019, authorized under the authority of §16-5B-14(d) of this code, modified by the Health Care Authority to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 22, 2019, relating to the Health Care Authority (critical access hospitals, 65 CSR 09), is authorized.

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